‘Vande Mataram and Jana Gana Mana deserve equal respect’: Centre informs Delhi HC

The plea further submits that the national song is the symbol of India’s history, sovereignty, unity and pride and a citizen showing disrespect towards it, would be an anti-social activity and “would also spell doom to all our rights and very existence as a citizen of a sovereign nation”. The matter is listed on November 9 before the HC.

The Centre through the Ministry of Home Affairs (MHA) has submitted that in 1971, “preventing the singing of the National Anthem or causing disturbances to any assembly engaged in such singing” was made a punishable offence by enacting the Prevention of Insults to National Honour Act, 1971. However, similar penal provisions have not been made by the Government for the national song and “no instructions have been issued laying down the circumstances in which it may be sung or played”.

The Centre through its affidavit has said that both the national anthem and national song stand on the same level but the issue cannot be a matter of a writ petition before the court.

It has also submitted that every citizen should show equal respect to both. “The national song occupies a unique and special place in the emotions and psyche of the people of India,” the affidavit states. The Centre further relied on a 2017 judgment of the Supreme Court in Ashwini Kumar Upadhyay Vs. Union of India & Ors, where the plea sought for framing a national policy to promote and propagate the national anthem, national song, and national flag.

The SC had held that “Article 51A (a) of the Constitution of India does not refer to ‘National Song’. It only refers to the National Flag and National Anthem…Therefore, we do not intend to enter into any debate as far as the National Song is concerned”.